South Dakota Codified Laws 15-11-7. Affidavit to support continuance on absence of witness–Contents
An application for continuance on account of the absence of a witness must be supported by the affidavit of the party, his agent, or attorney, stating:
(1) The name and residence of such witness, or if unknown, the efforts made to ascertain the same;
Terms Used In South Dakota Codified Laws 15-11-7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Continuance: Putting off of a hearing ot trial until a later time.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) The testimony such witness would give if present, in narrative form or by questions and answers as in a deposition; that the affiant believes such testimony to be true and knows of no other person by whom the same facts may be proven, or if he knows of such other person, then the reasons why the testimony of such witness is necessary;
(3) The reason why the deposition of the witness was not taken;
(4) What efforts have been made to obtain the attendance of the witness or his testimony;
(5) Facts showing ground for belief that the attendance or deposition of such witness may be procured at the next term of the court.
Source: SDC 1939 & Supp 1960, § 33.1117.